Foreign, Commonwealth and Development Office

Remedial order to address State Immunity Act 1978 - European Convention on Human Rights incompatibility

Lord Ahmad of Wimbledon: My Honourable Friend, the Minister for Asia (Nigel Adams), has made the following Written Ministerial Statement: In 2017, the Supreme Court judgment in the case of Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs [2017] UKSC 62 held that certain provisions of the State Immunity Act 1978 were incompatible with Articles 6 and 14 of the European Convention of Human Rights. The incompatibility related to employment claims brought by individuals employed by diplomatic missions in London. The government has considered the Supreme Court’s judgment and decided to address the incompatibility by way of a remedial order under section 10 and schedule 2 of the Human Rights Act 1998. The Foreign, Commonwealth and Development Office will lay the draft remedial order before Parliament in due course.

Department for Education

Higher Education Update

Lord Parkinson of Whitley Bay: My Rt. Hon friend The Secretary of State for Education (Gavin Williamson) has made the following statement.Last week the Department for Education laid the ‘Higher education: free speech and academic freedom’ Command Paper in Parliament and then published it more widely. This sets out how Government proposes to deliver on its 2019 manifesto commitment to strengthen academic freedom and freedom of speech in universities in England. This Government has always been clear in its commitment to strengthen academic freedom and ensure that our universities are places where free speech can thrive. Without action to counter attempts to discourage or even silence unpopular views, intellectual life on campus for both staff and students may be unfairly narrowed and diminished. Despite protections which are currently in place, a body of research has shown evidence of a ‘chilling effect’ on students and staff, who report feeling unable freely to express their views within the law without fear of repercussion. This is emphasised by a small number of high-profile incidents in which staff or students have been threatened with negative consequences, sometimes successfully, confirming that the fear of repercussion is not always unfounded. The Government therefore considers it necessary to take action, including by amending legislation. This Command Paper identifies key limitations of the current framework and proposes a clear way forward, to clarify and strengthen the legislation on freedom of speech and academic freedom, and thereby ensure that the aforementioned ‘chilling effect’ is effectively dealt with. Freedom of speech and academic freedom are fundamental principles of university life, and it is our duty to afford the necessary protections where these are found to be lacking. The Government intends to take action after carefully considering and discussing the options laid out in this paper with stakeholders. We will announce further steps in due course. I will place copies of the Command Paper in the libraries of both Houses.

Ministry of Housing, Communities and Local Government

Extension to Bailiff Enforcement Regulations

Lord Greenhalgh: My Rt. Hon. Friend, the Minister of State for Housing (Christopher Pincher) has today made the following Written Ministerial Statement:I wish to update the House on the Government’s continuing commitment to protecting tenants over the national lockdown period, whilst ensuring landlords can access justice in the most serious cases.Preventing the enforcement of evictions against residential tenantsThe Government laid a Statutory Instrument on 19 February which extends existing protections for renters by continuing to prevent enforcement agents (bailiffs) from attending residential premises to enforce a writ or warrant of possession except in the most serious circumstances. This measure will continue to protect public health by preventing people being evicted from their homes by enforcement agents, at a time when the risk of virus transmission remains high, and to avoid placing additional burdens on the NHS and local authorities.Exemptions continue to be in place for the most serious cases that present the most strain on landlords and on local communities. These circumstances are illegal occupation, false statement, anti-social behaviour, perpetrators of domestic abuse in the social sector, where a property is unoccupied following death of a tenant and serious rent arrears of 6 months’ rent or more. The SI applies to England only and expires at the end of 31 March 2021. Given that 14 days’ notice is required before an eviction can take place, no evictions are expected before 14 April except in the most serious circumstances.Wider MeasuresThe requirement on landlords to provide tenants with six months’ notice before starting formal possession proceedings continues to apply in all but the most serious cases until at least 31 March 2021. This means that most renters served notice today can stay in their homes until August 2021, with time to find alternative support or accommodation. We will keep these measures under review. Most tenants are continuing to pay their rent as normal. However, we recognise that a small proportion are experiencing trouble paying their rent. The Government has put in place a significant financial package to support them.The Coronavirus Job Retention Scheme has offered support for businesses to pay staff salaries, enabling people to continue to pay their rent and has been extended until April 2021. The Self-Employment Income Support Scheme is also available.In addition, the Government has put in place an unprecedented amount of financial support to ensure tenants can continue to pay their rent. Notably, we have increased the local housing allowance rate (LHA) to the 30th percentile. The increased LHA rates are expected to provide 1.5 million claimants with around £600 per year of housing support more than they would otherwise have received. This measure maintains that significant increase for all rates, by protecting the rates at the current levels in cash terms in 2021/22, even in areas where the 30th percentile of local rents has gone down. This continued investment in LHA will support claimants in the private rented sector to manage housing costs. We have also increased Universal Credit and Working Tax Credit by up to £1,040 for the year. We spend around £30 billion a year on housing benefits – and spend more than any other OECD country as a proportion of GDP on housing support (2018 data).GuidanceWe have updated our guidance to support landlords and tenants in the social and private rented sectors navigate the possessions process, which can be found at: https://www.gov.uk/government/publications/understanding-the-possession-action-process-guidance-for-landlords-and-tenants. We have also recently updated our COVID renting guidance for landlords, tenants and local authorities to ensure it reflects the latest information. It can be found at: https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/coronavirus-covid-19-guidance-for-landlords-and-tenants

Local Government Update

Lord Greenhalgh: My Rt Hon. Friend, the Secretary of State for the Ministry of Housing, Communities and Local Government (Robert Jenrick) has today made the following Written Ministerial Statement:As I told the House on 12 October 2020 [hyperlink / column reference (HCWS502] I have issued invitations under the Local Government and Public Involvement in Health Act 2007 (the 2007 Act) to principal councils in Cumbria, North Yorkshire, and Somerset, including associated existing unitary councils, to submit proposals for moving to unitary local government in those areas.On 9 December, I received eight locally-led proposals - four from councils in Cumbria, two from councils in North Yorkshire and two from councils in Somerset. In the case of each area there is a proposal made by the county council for a unitary authority covering the whole area. In the case of North Yorkshire and Somerset there is a proposal from district councils for two unitary authorities in each area. In Cumbria district councils have made three proposals, each of which involve establishing two unitary authorities.Today I have launched a consultation on all eight proposals. I would welcome views from any interested person, including residents, and I am consulting the councils which made the proposals, other councils affected by the proposals, and councils in neighbouring areas. I am also consulting public service providers, including health providers and the police, Local Enterprise Partnerships, and certain other business, voluntary sector and educational bodies.The consultation period will run for eight weeks until Monday 19 April. The consultation document is available here and those responding may do so on the department’s online platform ‘Citizen Space’ or by e-mail or post. The consultation will provide information to help my assessment of the merits of each proposal and I will carefully consider all the representations I receive, along with all other relevant information available to me. The context of this consultation is that the 2007 Act provides that before any proposal is implemented I must consult any council affected by the proposal that did not make it and any other persons I consider appropriate. Once the consultation is concluded, I will decide, subject to parliamentary approval, which, if any, proposals are to be implemented, with or without modification. In taking these decisions I will have regard to all the representations I have received, including those from the consultation, and all other relevant information available to me, and reach a balanced judgement assessing the proposals against the three criteria - whether they are likely to improve local government and service delivery across the area of the proposal, whether they command a good deal of local support as assessed in the round across the whole area of the proposal, and whether the area of any new unitary council is a credible geography.I am also announcing today that I intend as soon as practicable to make and lay before Parliament Orders under the Local Government Act 2000 to reschedule the ordinary elections to principal councils in the three areas due to be held on 6 May 2021 for one year to May 2022. The elections for local Police and Crime Commissioners, as well as elections to any town or parish councils, will continue to take place in May 2021.In deciding to reschedule the 6 May 2021 local elections to principal councils in the three areas, I have carefully considered all the representations I have received including the views expressed by councils. I have also had regard both to the importance of local elections as the foundation of our local democracy and ensuring the accountability of councils to local people, and to the risks of continuing with the May 2021 elections in the areas when consultations are taking place on proposals which could, if implemented, result in the abolition of those councils. Elections in such circumstances risk confusing voters and would be hard to justify where members could be elected to serve shortened terms.Accordingly, I have concluded that, irrespective of what my future decisions might be on the restructuring proposals, the right course is to reschedule the May 2021 local elections. If no unitary proposal is implemented in an area, the rescheduled elections will take place in May 2022. If a unitary proposal is implemented the rescheduled elections will be replaced by elections in May 2022 to the new unitary authority or authorities which could be in shadow form or a continuing council taking on the functions of the other councils in the area.Finally, I would reiterate that the Government will not impose top-down government solutions. We will continue, as I am now currently doing, to follow a locally-led approach where councils can develop proposals which have strong local support. This has been the Government’s consistent approach since 2010, when top-down restructuring was stopped through the Local Government Act 2010. When considering reform, those in an area will know what is best – the very essence of localism to which the Government remains committed.

Cabinet Office

Meeting of the Withdrawal Agreement Joint Committee

Lord True: My Rt Hon. Friend, the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove MP), has today made the following written statement:The next meeting of the Withdrawal Agreement Joint Committee will take place on 24 February 2021, by video conference, hosted by the UK.The meeting will be co-chaired by the Chancellor of the Duchy of Lancaster, Rt Hon Michael Gove MP, and Vice President of the European Commission, Maroš Šefčovič.The agenda will include four items:1. Introduction and opening remarks from co-chairs1.1 Stocktake of Specialised Committee activity2. Update on Withdrawal Agreement Implementation since the end of the transition period2.1 Citizens’ Rights2.2 Ireland/Northern Ireland Protocol3. AOB4. Concluding remarksThe UK delegation will include:Chancellor of the Duchy of Lancaster, Rt Hon Michael Gove MPThe Paymaster General, Rt Hon Penny Mordaunt MPRepresentatives from the Northern Ireland Executive have been invited to form part of the UK delegation.

UK-EU Trade and Cooperation Agreement: update on provisional application

Lord True: My Rt Hon. Friend, the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office (Michael Gove MP), has today made the following written statement:Today the UK-EU Partnership Council has agreed to extend the date on which provisional application of the Trade and Cooperation Agreement (TCA) will cease from 28 February 2021 to 30 April 2021.The decision was taken by written procedure: the EU co-chair of the Partnership Council, Vice-President Maroš Šefčovič, proposed extension by letter on Friday 19 February, and the current UK co-chair, the Chancellor of the Duchy of Lancaster, agreed to this proposal today, 23 February. This exchange of letters formalises the adoption of the decision. Copies of the letters and the draft decision have been published on GOV.UK.Provisionally applying the TCA was not the UK’s preferred outcome in the first place, given the uncertainty it creates for businesses, individuals and the Parties. The extension of provisional application prolongs that uncertainty and it is disappointing that the EU did not complete its internal procedures in the timeframe set out in the TCA. We expect the EU to meet the new timeline.

Treasury

The Double Taxation Convention between the United Kingdom and Sweden

Lord Agnew of Oulton: My right honourable friend the Financial Secretary to the Treasury (Jesse Norman) has today made the following Written Ministerial Statement.A Protocol to the Double Taxation Convention with Sweden was signed on 23 February. The Protocol will give effect to certain OECD/G20 base erosion and profit shifting recommendations that protect tax treaties against avoidance activities, ensuring that the UK’s double taxation agreement with Sweden meets the minimum OECD/G20 recommended standards. The text of the Protocol is available on HM Revenue and Customs’ pages of the GOV.UK website and will be deposited in the Libraries of both Houses. The text of the Protocol will be scheduled to a draft Order in Council and laid before the House of Commons in due course.